What options do I have after my car accident?

sydkan

First of all, sorry to hear about the problems. If you carry only liability there isn't anything your insurance is going to do for you. However even with liability you should carry PIP or MED PAY to help with the medical bills. As far as the car this is pretty much a mute point.

The insurance company will do an invesitgation and make a determination as to what they believe is at fault. without an independent witnesses it is basically her word against yours. She pays the premiums so of course they are going to stand by their insured, just as your insurance company should stand by you should there be a claim made there.

As far as the police, unless you were taken away by ambulance they probably won't show up. Even if the police showed up they probably woldn't be able to say anything as both are claiming to have the green light.

You can get an attorney bu to be honest with you, most won't take this case as it's not a sure thing and no witness.

Good luck

Kizzy

Unfortunately there's not much to be done. As any insurance carrier will do, with a case like this, they will stand behind their insured. It happens a lot, I see it everyday. Your carrier can only help you with the coverages you carry, without collision coverage, their not getting involved unless your sued for a bodily injury claim (because you do carry liability coverage).

With an attorney, they'll advise them the same thing and decline the claim, then you'll have attorney fees to pay also...same with a civil or small claims suit. You would have to prove she's lying.

You could hire a reconstructive accident appraiser, but again it's money out of your pocket to do so and there's no guarantees.

Wish I had better news. Good luck to you!

MSAD

That's great you've never had a ticket.

.............But that does not mean you had the green light. Lot's of people are at fault for car wrecks that have never had a ticket. Good for you. But meaningless in the scope of this accident.

That's great that you never lie.

............But the other person say's they don't lie either. So why is your word better than hers?

You did not say who the pd found at fault? I suspect that means the cop on the scene could not determine which of you had the green light.

It comes down to proof.

What proof do you have that you had the green light and she did not?
None.

So the insurance company is in a situation where they have word vs word. No witnesses. PD did not determine fault. There is nothing to break the tie. So, they are going to back the person that pays premium to them.

Your company will do the same thing. If it's word vs word....and nothing to break the tie.....your company will take your word over the other person's. And you'd be madder than H3LL if they didn't.

Sure you can sue her in small claims court. And her insurance company will hire an attorney to defend her. But you still run into the same problem. You still have to PROVE that she ran the red light....and right now you can't do that.

As far as the storage fees/tow bill go....many wrecker companies will let you sign the title over to them in exchange for the bill/fees. They will sell the car as scrap to recover.

As far as your medical bills....file on your health insurance.

When you made the decision not to carry collision/comprehensive coverage...you agreed to take the risk that if something happened to your car. ...your insurance company would not pay anything. That you would pay out of pocket to replace the car. .... Well....now you get to pay out of pocket to replace the car.

CwboyBill

If you hire a lawyer, providing that you find one dumb enough to even take this case, he/she/it will charge you WAY more than the amount of damages to your car and probably won't win in court anyway. When an insurer is faced with the dilemma of he said/she said, blah, blah and no supporting evidence in your favor they simply have to side with their insured. This is a perfect example of why you need to protect yourself with insurance when you drive. Remember, insurance doesn't cost -- it PAYS.

Foxes

Sorry this happened.

Hate to say this but I'm thinking a personal accident attorney best.
Your insurance is supposed to represent you.

Based on the dollar amount and injury the police should have been called. Maybe you can get her into trouble due to that since you were hurt...

I;m not an expert.

THINK about this as war and invoke strategies.

Her insurance cannot make the determination as gospel.
Stick to your guns about the light being green..
get on a computer and write down as much as you can recall and dates, etc.

You may be able to pull her driving record..

an attorney appears to be your best bet. But I am no expert..far from it.

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